Human Rights-Based Intelligence Operations - Commission on ...

<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong>
Section 12. (1) Any person under
investigation for the commission of an
offense shall have the right to be informed
of his right to remain silent and to have
competent and independent counsel
preferably of his own choice.
(2) No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms
of detention are prohibited.
(3) Any confession or admission obtained
in violation of this or Section 17 hereof
shall be inadmissible as evidence against
him.
Section 14. (1) No person shall be held to
answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the
accused shall be presumed innocent until
the contrary is proved, and shall enjoy the
right to be heard by himself and counsel,
to be informed of the nature and cause of
the accusation against him.
Section 15. The privilege of the writ of
habeas corpus shall not be suspended except
in cases of invasion or rebellion, when the
public safety requires it.
Section 17. No person shall be compelled
to be a witness against himself.
Section 18. No person shall be detained
solely by reason of his political beliefs and
aspirations.
Section 19. The employment of physical,
psychological, or degrading punishment
against any prisoner or detainee or the use
of substandard or inadequate penal facilities
under subhuman conditions shall be dealt
with by law.
“<strong>Human</strong> rights are
needed to ensure
that the process and
outcome of such
vital operations do
not exceed the limits
set by democratic
and
republican
system. When it comes to state activities
that affect the freedoms every person is
entitled to have, human rights serve to
trump all other considerations. As a system
of rules having the force of law by virtue
of our constitutional framework, human
rights should inform the behavior of each
intelligence personnel.”
— Loretta Ann Rosales
Chairperson
<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong>
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